Political contribution deductions require genuine transactions; banking records and party registration alone cannot defeat evidence of accommodation e...
Post-death GST liability permits fresh proceedings against legal representatives, while discontinued-business recovery remains limited to the inherite...
Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
Interpretation and applicability of Section 11A of the Central Excise Act, 1944, regarding the recovery of erroneously refunded excise duty. It discusses whether the subsequent Supreme Court judgment in M/s Unicorn Industries, overruling M/s SRD Nutrients, would be applicable in the present case. The Tribunal observed that the Excise Officer had to follow the SRD Nutrients decision at the time of passing the order, and any subsequent change in legal position would not permit invoking Section 11A. The High Court held that the ratio of the Supreme Court's decision in Commissioner of CGST and Central Excise (J&K) vs. M/s Saraswati Agro Chemicals Pvt. Ltd. is squarely applicable, and the appeal was filed despite the governing judgment. Consequently, the High Court imposed a cost of Rs. 20,000/- on the appellant for filing the appeal against the settled legal position.
Interpretation and applicability of Section 11A of the Central Excise Act, 1944, regarding the recovery of erroneously refunded excise duty. It discusses whether the subsequent Supreme Court judgment in M/s Unicorn Industries, overruling M/s SRD Nutrients, would be applicable in the present case. The Tribunal observed that the Excise Officer had to follow the SRD Nutrients decision at the time of passing the order, and any subsequent change in legal position would not permit invoking Section 11A. The High Court held that the ratio of the Supreme Court's decision in Commissioner of CGST and Central Excise (J&K) vs. M/s Saraswati Agro Chemicals Pvt. Ltd. is squarely applicable, and the appeal was filed despite the governing judgment. Consequently, the High Court imposed a cost of Rs. 20,000/- on the appellant for filing the appeal against the settled legal position.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
